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DakshIn Haryana Bijli Vitran Vs. Dlf Services Ltd., Dlf Universal

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL764

..... the haryana electricity reforms act, 1997 is one of the enactments included in the schedule to the electricity act, 2003. ..... the regulatory commission and contesting respondents realising the legal position placed reliance on section 54 of the haryana electricity reforms act, 1997, read with para 7 and 8 of the distribution and retail supply regulations framed by it. ..... in terms of sub-section (3) of 185, the provisions of the haryana electricity reforms act shall continue to apply to the state of haryana in so far as it is not inconsistent with the provisions of the 2003 act. ..... apparently section 54 of haryana electricity reforms act, 1997 and para 7 etc. ..... it was also contended that no consumer forum or ombudsman have been set up and, therefore, the state commission has the authority.factually the haryana electricity regulatory commission (guidelines for forum for redressal of grievances of the consumers) and (electricity ombudsman) regulation, 2004 have been framed and notified on 12^th april, 2004 in exercise of powers conferred by section 42(5) to (8) read with section 181 of the central act. ..... the respondents 1 and 2 submitted a complaint dated 29^th october, 2004 before the haryana electricity regulatory commission under section 42 and 43 of the electricity act, 2003 complaining non release of bulk supply (non domestic) electricity connection for 36187 acres "city centre gurgaon" applied on 22^nd january, 2002 for 3200 kw load. .....

Raj Electricals (Regd.) Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Reported in : 2007(3)ARBLR449(Delhi); 142(2007)DLT687

..... the haryana electricity reform act, 1997 (haryana act no. ..... on the other hand it is argued by the counsel for respondent that the agreement between the petitioner and the respondent was not a license agreement neither the petitioner was a licensee in terms of either indian electricity act, 1910 or delhi electricity reforms act, 2000 or the electricity act, 2003. ..... it is not a statutory contract either under indian electricity act, 1910 or under delhi electricity reforms act, 2000 or under the electricity act, 2003 entered into by state governments or by the instrumentalities of the state and is not governed by any statutory provisions.11. ..... this is argued on the basis of part vi of delhi electricity reforms act, 2000 which deals with the licensing and it is provided in clause 20(6) that the provisions contained in the schedule to the indian electricity act, 1910 shall be deemed to be incorporated and shall form part of the every supply license granted under this part, except where they have been expressly varied or excepted. ..... it is argued by the counsel for petitioner that since provisions of delhi electricity reforms act, 2000 which are consistent with the electricity act, 2003 have not been repealed and are still valid, the schedule to indian electricity act, 1910 shall be valid. ..... power to grant licenses has been given to the commission under section 20 of the delhi electricity reforms act, 2000 and section 20 is on the same lines as section 3 of the indian electricity act, 1910. .....

DakshIn Haryana Bijli Vitran Vs. Princeton Estate Condominium

Court : Appellate Tribunal for Electricity APTEL

Reported in : (2006)LCAPTEL356

..... the haryana electricity reforms act, 1997 is one of the enactments included in the schedule to the electricity act ..... the regulatory commission and contesting respondents realizing the legal position placed reliance on section 54 of the haryana electricity reforms act, 1997, read with para 7 and 8 of the distribution & retail supply regulations framed ..... of sub-section (3) of 185, the provisions of the haryana electricity reforms act shall continue to apply to the state of haryana in so far as it is not inconsistent with the provisions of the 2003 act. ..... section 54 of haryana electricity reforms act, 1997 and para 7 ..... also contended that no consumer forum or ombudsman have been set up and, therefore, the state commission has the authority.factually, the haryana electricity regulatory commission (guidelines for forum for redressal of grievances of the consumers) and (electricity ombudsman) regulation, 2004 have been framed and notified on 12^th april, 2004 in exercise of powers conferred by section 42(5) to (8) read with section 181 of the central act. ..... whether the haryana electricity regulatory commission has the jurisdiction and authority to decide a complaint filed under section 42(5) of the electricity act, ..... of 2005 as in all these appeals, appellants primarily challenged the jurisdiction and authority of the haryana electricity regulatory commission in entertaining the complaint of contesting respondents and also challenged the order passed by commission on merits in individual appeal as .....

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... the haryana electricity reform act, 1997 (haryana act no. ..... electricity reforms act, 1999 (hereinafter referred to as the 'reforms act, 1999') and the act 2003, the respondents no. ..... the dehi electricity reforms act, 2000 (delhi act no. ..... the rajasthan electricity reform act, 1999 (rajasthan act no. ..... the karnataka electricity reform act, 1999 (karnataka act no. ..... the uttar pradesh electricity reform act, 1999 (uttar pradesh act no. ..... the andhra pradesh electricity reform act, 1998 (andhra pradesh act no. ..... the orissa electricity reform act, 1995 (orissa act no. ..... the distinction in section 12(1) of reforms act, 1999 and 108(1) of the act, 2003 is that section 12(1) only empowers the state government to issue directions not inconsistent with the act on policy matters in regard to electricity but section 108(1) of act, 2003 further provides that the state government nor only can issue directions in the matter of policy involving public interest but the said directions have to be given in writing to the commission and the commission in discharge of its functions shall be guided by such directions. ..... section 13 of reforms act, 1999 provides for formation of a company namely uppcl registered under the companies act, 1956, which is required to undertake planning and coordination in regard to transmission, to determine electricity requirement in the state in consultation with the generation companies etc. .....

Suresh Jindal Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Reported in : 126(2006)DLT49

..... the haryana electricity reform act, 1997 (haryana act no. ..... notwithstanding that the formal license was issued to the respondent on 11.3.2004, the respondent was duly licensed to supply electricity in the area of its distribution and was vested with the powers of the licensee under the indian electricity act, 1910, electricity (supply) act, 1948 and the rules framed there under, subject to the curtailment of the said powers under section 63 of the delhi electricity reform act, 2000. ..... the legal position, thereforee, would be that by virtue of the delhi electricity reforms act, 2000 and the rules framed there under, powers of the licensee under the indian electricity act, 1910 and the electricity (supply) act, 1948 continue to ensure to the licensees in delhi, save and except where the same are inconsistent with the provisions of electricity act, 2003. ..... section 63 of the delhi electricity reforms act, 2000 clearly indicated that the provisions of indian electricity act, 1910 and the electricity (supply) act, 1948 save in so far they were not inconsistent with the provisions of delhi electricity reforms act, 2000 would continue to prevail in the manner and to the extent provided in sub-section (3) of section 63. ..... section 26 of the indian electricity act, 1910 and section 49 of the electricity (supply) act, 1948 continue to remain in force notwithstanding the promulgation of the delhi electricity reforms act, 2000. .....

Sai Bhaskar Iron Ltd. Vs. A.P.Elect.Regul.Commission and Ors.

Court : Supreme Court of India

..... the haryana electricity reform act, 1997 (haryana act no.10 of 1998).3. ..... 22- 07-99 and as amended from time to time as well as all other regulations notified by the commission from time to time under the provisions of the andhra pradesh electricity reform act, 1998, shall continue to apply as regulations under the electricity act, 2003 and remain in force till appropriate new regulations are notified by the commission under the electricity act, 2003. ..... the concept of fsa was brought in by the andhra pradesh electricity reform act, 1998 (hereinafter referred to as the act of 1998 ). ..... the delhi electricity reforms act, 2000 (delhi act no.2 of 2001).8. ..... the rajasthan electricity reform act, 1999 (rajasthan act no.23 of 1999).7. ..... the karnataka electricity reform act, 1999 (karnataka act no.25 of 1999).6. ..... the uttar pradesh electricity reform act, 1999 (uttar pradesh act no.24 of 1999).5. ..... the andhra pradesh electricity reform act, 1998 (andhra pradesh act no.30 of 1998).4. ..... the orissa electricity reform act, 1995 (orissa act no.2 of 1996).2. .....

M/S. Sawadeshi Udyog, Khajuri Road, Yamuna Nagar and Others Vs. Uttar ...

Court : Punjab and Haryana

..... in the present case a very important question arises before this court:- as to whether order passed by the commission can be challenged by way of appeal before this court under section 39 of the haryana electricity reforms act, 1997 (hereinafter referred as 'haryana act') or can be challenged before appellate tribunal under section 111 of the electricity act, 2003 (hereinafter referred as '2003 act'). ..... having perused section 82 of the 2003 act i have no hesitation to say that state electricity regulatory commission constituted under the haryana act shall be the state commission for the purpose of the 2003 act. ..... state government shall, within six months from the appointed date, by notification, constitute for the purposes of this act, a commission for the state to be known as the (name of the state) electricity regulatory commission: provided that the state electricity regulatory commission, established by a state government under section 17 of the electricity regulatory commissions act, 1998 and the enactments specified in the schedule, and functioning as such immediately before the appointed date, shall be the state commission for the purposes of this act and the chairperson, members, secretary, and other officers and .....

Lanco Kondapalli Power (P) Ltd. Vs. Transmission Corporation of A.P. L ...

Court : Andhra Pradesh

Reported in : 2004(6)ALD829; 2004(6)ALT293; 2005(1)ARBLR30(AP)

..... electricity reform act, 1998, the jurisdiction of the civil court has been ousted and hence the learned chief judge has rightly dismissed the la. ..... electricity reform act, 1998 the jurisdiction of the civil court or the arbitral tribunal has been ousted.17. ..... electricity reform act, 1998 and this court granted interim stay in the said writ petition and hence the said matter is sub-judiced before this court. ..... electricity reform act, 1998 shall be appealable except as provided in the act i.e. ..... electricity reforms commission has the jurisdiction or not, and considering the fact that the appellant has been generating the power and supplying the same to the respondent as per the terms of the power purchase agreement, the balance of convenience lies in favour of the appellant to have the interim injunction as sought for in the la. ..... though the said act came into force on 1-2-1999, the respondent did not inform or invite the appellant herein drawing its intention to amend the power purchase agreement which was entered on 31-3-1997 with regard to article 14 (arbitration clause) accordingly. ..... when this court is of the view that the power of the arbitral tribunal or the civil court has not been ousted, the dispute has to be adjudicated as per the terms of the power purchase agreement dated 31-3-1997. ..... after considerable negotiations, the appellant and the respondent entered into a power purchase agreement on 31.3,1997. .....

Shri Kishan Kumar Vs. Manager (Business), Bses Rajdhani Power Ltd. and ...

Court : Delhi

Reported in : 155(2008)DLT449

..... since the dispute raised by the appellant did not fall within the purview of the jurisdiction exercised by the delhi electricity regulatory commission under the delhi electricity reforms act, 2000 in the first place, there can be no question of the right of appeal to the high court envisaged under the said act being available to the appellant. ..... it is not open to a party who invokes the jurisdiction of the forum under section 42(5) of the electricity act, 2003 to file an appeal against an order passed by that forum under section 42 of the delhi electricity reforms act, 2000 because the later is a completely different statute and the appellate forum envisaged thereunder is not available to a party, such as the appellant herein, who is dis-satisfied by a decision under the electricity act, 2003.7. ..... for that reason also, it follows that the reference to 'the commission' under section 42 of the delhi electricity reforms act, 2000, must necessarily be confined only to the delhi electricity regulatory commission and cannot include within its ambit the consumer grievance redressal forum envisaged under the electricity act 2003, more so, when the latter is a completely different enactment altogether. ..... in this context, the observations of the supreme court in the case of state of haryana v. .....

R.V.K. Energy Pvt. Ltd., Hyderabad Vs. A.P.S.E.B., Hyderabad and anr.

Court : Andhra Pradesh

Reported in : 2002(3)ALD196; 2002(2)ALT439

..... electricity reform act (in short ' reform act') as the subject matter falls under the concurrent list of the constitution of india and came into force with effect from 1st february, 1999.4 ..... electricity reform act, the companies, those who have been given sanction to generate and supply electricity to third parties, are required to apply for fresh licence ..... electricity reform act, 1998, as per section 14 the companies have to obtain fresh licence from the regulatory ..... electricity reform act, 1998, which speaks about the licensing of transmission and ..... section 14 (1) of reform act recognises earlier sanction granted to the companies under the electricity (supply) act 1948 and therefore the contention raised by the learned senior counsel mr ..... twelve months to any person or persons to engage in the state in the business of transmission or supply of electricity on such terms and conditions as the state government may determine consistent with the provisions of this act, subject to the following conditions, namely---- a) upon the establishment of the commission, each of the provisional licences granted by the state government shall be placed before the commission and shall be deemed to constitute an application for grant of a licence by the commission under the provisions of this act; and b) each provisional licence granted under this section ..... if the commissioning of all the units of the project is not completed by 30-6-1997, the permission accorded will automatically be cancelled. 4 .....